Ohio Expungement Process

A qualified criminal defense attorney can determine whether or not a person is eligible for expungement. If eligible, the attorney will file a petition to expunge the criminal record with the State of Ohio. This form, called an "Adult Record Clearance Application," requests that the court grant an expungement and seal the record of an individual. The court will then go through an evaluation process of the petition to weigh the interests of the applicant in having the record sealed against the government’s interest in maintaining the record. In making this determination, the court will examine:

• whether the applicant is a first offender
• whether there are other criminal proceedings pending against the applicant
• whether the applicant has been successfully rehabilitated
• whether the prosecutor is objecting to the petition

It is important to consult an experienced attorney who can help get your criminal record sealed. The expungement application process can be complicated but an attorney can prepare the paperwork, prepare an applicant for court, and represent an applicant before a judge.

Once granted, an expunged criminal record cannot be reversed. However, it is important to remember that if a person faces additional criminal charges after the expungement, the expunged convictions can be used against that person in sentencing for the new charges. Law enforcement agencies, prosecutors, and other government agencies can examine a person's sealed record. Further, on government-related forms, a person must reveal the expunged convictions upon request.

If you need more information about the Ohio Expungement Process, contact an experienced Columbus Expungement Lawyer at Funkhouser Law today!

This site is intended as general information and does not establish an attorney client relationship with the office of Douglas A. Funkhouser Co., L.P.A.

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